The main legal point established in the judgment is the requirement of information indicating a likelihood of a breach of the peace or disturbance of public tranquillity under Section 107(1) of the Code of Criminal Procedure.

Alfred Henry Lionel Leach, C.J.

1. In the village of Negamam in the Coimbatore District there are two factions and there is strong enmity between them. Their enmity dates back to the Legislative Assembly elections held in 1934, if not earlier. At the present time the factions are opposing one another with regard to the management of an institution known as the Lakshmi Vilas and Dravyasagaya Nidhi. Limited and the management of a temple known as the Kannikaparameswari temple. On the 23rd September, 1938, the Sub-Divisional Magistrate of Pollachi served notice on twelve persons under Section 112 of the Code of Criminal Procedure, calling upon them to show cause why they should not be ordered to execute security bonds under Section 107. According to an affidavit of the petitioner in Crl. R.C. No. 245 of 1939 filed in the present proceedings rioting had taken place on that day. The accusations against these twelve persons, who have been referred to as the counter-petitioners, are set out in paragraph 3 of the petitioners affidavit which reads as follows:

The counter-petitioners 1 to 12 noted in column 4 who are residents within the jurisdiction of the Sub-Divisional Magistrate, Pollachi, and who are members, partisans and hirelings of a faction of which Pillaya Chetty of Negamam is the leader, have been systematically committing acts of rowdyism, assault, trespass and intimidation on members of the opposite party and on 23rd September, 1938, all of them were found armed with weapons for a similar purpose endangering public peace. The feelings between the parties are very much strained and they are likely to come to a clash at any moment resulting in a breach of peace disturbing the public tranquillity seriously. Hence it is requested that the counter-petitioners may be ordered to execute a bond with sureties for keeping peace for a period of one year. Pending termination of the proceedings all the counter-petitioners may be ordered to execute interim bonds as breach of peace is likely to occur at any time.

2. The Magistrate considered that the information was of such a nature that he was justified in ordering the counter-petitioners to execute interim security bonds. These bonds were executed on the 14th October, 1938. On the 5th February, 1939, the police laid information against the petitioner, and it is obvious from the notice which was subsequently served upon him under Section 112 that the information was to the effect that he was also a leader of the faction of which the counter-petitioners were said to be members and was giving them active support. At the same time information was laid against Pillaya Chetti, the person previously referred as the leader of the faction and one Mylsami Goundan. The Magistrate was satisfied that there was a likelihood of a breach of the peace occurring and issued notice under Section 112 against the petitioner and the two other persons. In this notice they were referred to as counter-petitioners 13, 14 and 15 respectively. The petitioner says that the notice served upon him does not comply with the requirements of the section and that the proceedings which have been instituted against him have been unlawfully instituted. The notice reads as follows:

Whereas it has been made to appear to me by credible information that there are two factions in the village of Negamam led by Annal Chetti on the one side and Muthuswami Chetti (petitioner) and Pillaya Chetti on the other side;

That there is misunderstanding between Annal Chetti and counter-petitioners. 13 and 14 (Muthuswami Chetti and Pillaya Chetti) regarding the management of Lakshmi Vilas and Dravyasagaya Nidhi, Limited and owing to the Delhi Assembly elections in 1934 and also in respect of the management of the Kannikaparameswari temple;

That there is dispute and civil litigation between the two factions regarding possession of the temple lands, that consequently the feelings between the two parties have become strained and that there is likel